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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2017.09.28 2017노825
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not cause or satisfy the sexual desire at the time of transmitting photographs, and the pictures transmitted by the Defendant do not cause a sense of sexual humiliation or aversion.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant sent photographs that may cause sexual humiliation or aversion with the intent to arouse or satisfy his/her sexual desire:

It is reasonable to view it.

A. The instant pictures are pictures or images taken by the Defendant with sexual intercourses with the victim, which cause sexual humiliation or aversion in light of the concept of sexual attitude of not only the victim but also the general and average persons of the same gender and age group as the victim.

B. At the time of receiving the instant pictures from the Defendant, the victim seems to have been working in her husband in a fluent manner in relation to the relationship with the Defendant.

After the victim confirms the instant pictures, the victim sent a DNA message to the Defendant

In light of the fact that the photograph of this case was expressed as evidence later, it was frightened that the photograph of this case was dumped.

It conforms to the rule of experience to recognize the credibility of one victim's investigative agency and the court below's statement.

(c)

In light of the contents of the mobile phone text message and D message sent by the Defendant to the victim as at the time of sending the instant pictures, the Defendant, rather than merely intended to present the instant pictures to the victim at the time of the instant case, notified the victim of the fact that the Defendant had a sexual intercourse with the victim and provided the victim with the fact that the Defendant had a sexual relationship with the victim, thereby satisfying his sexual desire or causing retaliation or pain to the victim.

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